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AB-1405 Department of Forestry and Fire Protection: workweek hours.(2023-2024)



Current Version: 02/17/23 - Introduced

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AB1405:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1405

Introduced by Assembly Member Flora

February 17, 2023

An act to add Section 19846.1 to the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1405, as introduced, Flora. Department of Forestry and Fire Protection: workweek hours.
Existing law, the Ralph C. Dills Act, grants state employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Existing law establishes procedures by which an agreement in the form of a written memorandum of understanding may be reached between the Governor and the recognized employee organization, and presented, as appropriate, to the Legislature for determination.
Existing law establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection not exceed 84 hours per week. Existing law authorizes work in excess of the designated normal workweek to be compensated in cash or time off in accordance with department regulations. Under existing law, if these provisions conflict with the provisions of a memorandum of understanding, then the memorandum of understanding generally controls without further legislative action.
This bill would require the Department of Forestry and Fire Protection to implement a 56-hour maximum workweek for firefighters in State Bargaining Unit 8 who are employed by the department in order to recruit and retain the highest qualified and skilled firefighters. The bill would require the department to work with the Department of Human Resources to implement the changes necessary to comply with these maximum workweek provisions on or before December 1, 2026.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) All other full-service fire departments in California, except the Department of Forestry and Fire Protection (CAL-FIRE), have a workweek of 56 hours or less.
(b) CAL-FIRE is the full-service fire department for the State of California.
(c) The demand for CAL-FIRE firefighters to work an extraordinary workweek of 72 hours has resulted in significant impacts to the physical and mental health of firefighters.
(d) Firefighters who work manageable shifts result in efficiency and safety.
(e) Historic fires of the past decade have resulted in well over 100 deaths of firefighters, caused billions of dollars in damage, destroyed entire communities, and placed overworked firefighters at risk.
(f) CAL-FIRE firefighters have the most diverse work responsibilities of any firefighters, which includes fire of all types, floods, earthquakes, and all natural disasters.
(g) Climate change is creating an environment where wildfires burn with greater ferocity and that trend is systemic.
(h) The mental health of CAL-FIRE firefighters is placed at risk by the extremely long hours working under extreme duress sometimes for a month on duty without a day off.
(i) The physical risk of working long hours at point zero at these fires that burn for weeks and send dangerous particulates into the air causes immediate and long-term physical and mental health risks.

SEC. 2.

 Section 19846.1 is added to the Government Code, to read:

19846.1.
 (a) Notwithstanding any other law, in order to recruit and retain the highest qualified and skilled firefighters, the Department of Forestry and Fire Protection shall implement a 56-hour maximum workweek for firefighters in State Bargaining Unit 8 who are employed by the department.
(b) The department shall work with the Department of Human Resources to implement the changes necessary to comply with subdivision (a) on or before December 1, 2026.